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Journal articles on the topic 'Property rights; Land law'
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1
van der Molen, P. "Property, human rights law and land surveyors." Survey Review 48, no. 346 (January 2, 2016): 51–60. http://dx.doi.org/10.1080/00396265.2015.1097594.
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Shabalin, Andrii. "The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 147–55. http://dx.doi.org/10.33731/62020.234066.
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Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure
The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal regulation and judicial procedure for the protection of propertylegal rights to land. In this scientific article, the author pays considerable attention to thedevelopment of judicial protection of legal property rights to land in the historical periodof the emergence of the independent state of Ukraine (1917−1918 yy). The author of thearticle writes that during this period the legal right to land received significant development:the land plot could be inherited, the right to rent the land could also be inherited.The procedure for the judicial protection of the legal right to land had no legal peculiarities.The author describes that during the Soviet period of Ukraine's existence, there was no legal property right to land. Only the state could have legal property rights to land.This means that the courts did not protect the private property legal right to land. Onlywhen Ukraine became an independent state did a private property legal right to landemerge. During this historical period, a significant number of legal instruments for theprotection of proprietary legal rights to land appeared in the legislation of independentUkraine. The property legal right to land was protected by the court. It is the judicialprotection of the property legal right to land that is democratic and meets the Europeandemocratic standards for the protection of property rights. The modern features of thegenesis of legal protection of property legal rights to land, which are protected by thecourt in the civil procedure of Ukraine, have been investigated. The author has createdand described new stages in the development of civil procedural protection of legal propertyrights to land.
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Alexandru, Dana Georgeta. "LAND AND PROPERTY RIGHTS WITHIN THE URBANISM LAW." Agora International Journal of Juridical Sciences 10, no. 2 (January 30, 2017): 1–11. http://dx.doi.org/10.15837/aijjs.v10i2.2837.
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The study intends to highlight the functions of property rights in relation to the characteristics of urbanism law. The analyse aims to identify the role of public authorities in the production process of planning public policies, under current regulations in force in Romania. Moreover, while the legislation led to confer a social function of property rights, this conception of property rights comes up against the revival of private property, which is likely to complicate the implementation of public planning policies. The social function of the property law, however, could reach its limits in the coming years. Indeed, the jurisprudence appears to give a boost to the individualistic dimension of ownership complicating the achievement of public planning policies.
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Bright, Susan, and Ben McFarlane. "PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS." Cambridge Law Journal 64, no. 2 (July 7, 2005): 449–80. http://dx.doi.org/10.1017/s0008197305006926.
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THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.
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Sukhanov, Evgeniy. "Problems of Property Law in Modern Russian Law." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18685.
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The article analyzes the progress and further prospects of development of the Russian civil legislation in terms of actual and appropriate improvement of the proprietary legal regulation. The author notes the historical prerequisites of and, substantiates the possible areas for, development of the Russian civil law in terms of traditions of the European private law which originates from the Roman law and the law of pandects; in this connection, the author substantiates the necessity for systemic development of the legislative regulation of limited proprietary rights. In line with the existing specific features of legal regulation of proprietary relations in the Russian law, the author considers advantages of regulation of rights to land plots, which are in the public domain, by means of forms and types of limited proprietary rights; in this connection, the author demonstrates inefficiency of extending mechanisms of law of obligations only, mainly the models of lease contracts, on land relations. The author analyzes differences between legal regulation of homogeneous relations within the civil legislation and the land legislation as a temporary phenomenon and a feature of the transitional stage in the development of the Russian civil legislation.
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Tsabora, James. "Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution." Journal of African Law 60, no. 2 (March 15, 2016): 213–29. http://dx.doi.org/10.1017/s002185531600005x.
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AbstractProperty rights discourse, particularly the scope, nature, distribution, redistribution, recognition and protection of property rights, has dominated debate in African post-colonial property rights systems. In Zimbabwe, property rights law has been a contested space since the colonial era. That the property rights system is a contested arena is particularly so in view of the fact that colonial subjugation in Zimbabwe was characterized, in a very important way, by politically motivated land dispossession and, consequently, inequitable property rights distribution patterns. As a result, Zimbabwe's property rights law has always responded to mainstream, albeit fluid, political and economic undercurrents. This has meant that mainstream historical and contemporary debates have provided the context for understanding the constitutional regulation of property and land rights in Zimbabwe. This article assesses the constitutional regulation of constitutional property and land rights in Zimbabwe, and the conflicts and tension that are accommodated in the constitutional property rights framework.
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Unruh, Jon D., and Musa Adam Abdul-Jalil. "Housing, Land and Property Rights in Transitional Justice." International Journal of Transitional Justice 15, no. 1 (March 1, 2021): 1–6. http://dx.doi.org/10.1093/ijtj/ijab004.
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Yunimar, Yunimar. "Implementation Of Development And Registration And Elimination Acceptances Of Rights Based On Law Number 4 Year 1996 Regarding Rights Of Responsibility." Jurnal Ilmiah Langue and Parole 1, no. 1 (June 23, 2017): 228–37. http://dx.doi.org/10.36057/jilp.v1i1.24.
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Mortgage right are the security rights imposed on land rights. On April 9, 1996, Law Number 4 of 1996 was enacted on the Land and Property Rights related to the land, or more briefly referred to as UUHT (Law on Mortgage Rights). UUHT seeks to provide legal certainty and protection to all parties in utilizing the land as an object of Mortgage Rights.
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Banner, Stuart. "Why Terra Nullius? Anthropology and Property Law in Early Australia." Law and History Review 23, no. 1 (2005): 95–131. http://dx.doi.org/10.1017/s0738248000000067.
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The British treated Australia as terra nullius—as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992.
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Nyarko, Michael Gyan. "The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective." African Journal of International and Comparative Law 27, no. 1 (February 2019): 100–125. http://dx.doi.org/10.3366/ajicl.2019.0261.
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Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.
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Cahyani, Indah Esti, and Aryani Witasari. "Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria." Jurnal Akta 5, no. 2 (May 17, 2018): 441. http://dx.doi.org/10.30659/akta.v5i2.3100.
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Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.
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Laike, Reli Jevon. "Kajian Hukum Agraria terhadap Ketentuan Larangan Pengalian Hak Milik atas Tanah Gereja (Studi Kantor Sinode Gereja Masehi Injili di Halmahera)." Wajah Hukum 4, no. 2 (October 19, 2020): 369. http://dx.doi.org/10.33087/wjh.v4i2.211.
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The provisions of the evangelical Christian Church in Halmahera on the prohibition of transferring property rights on the land mention, any organic or retired employee who is entitled to the submission of land rights which has status of property, shall not divert, adjudicate, or other legal action. While the provisions of the land rights under the National Agrarian Law, having broad authority means that it can divert, adjuct or as long as not contrary to applicable law. This study aims to examine the concept of church arrangement on the prohibition of transferring property rights on land and associated with the concept of national agrarian law. Research is normative legal research. The results of the research were found first, the provisions of the property of land governed by the provisions of the Church in the implementation there are conflicts and fundamental differences with the concepts governed in national agrarian law. The two rights holders of the land who have received the surrender of land from the church do not have a guarantee of legal certainty with the provisions of the Church governing the prohibition of the transfer of property rights to the land.
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Roestamy, Martin. "PARADIGMA HAK KEBENDAAN KEPEMILIKAN SARUSUN YANG DIBANGUN PADA LAHAN HAK GUNA BANGUNAN." DE RECHTSSTAAT 2, no. 1 (March 1, 2016): 1–22. http://dx.doi.org/10.30997/jhd.v2i1.679.
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Of the title "The Legal Paradigm of the properties on the strata title ownership built above the land with the Right to Cultivate Ownership" research objectives to be at said is knowing why the legal construction of the right material from the strata title built on land rights, attached to the Rights of material the building as common property rights and know how reconstruction material rights on the Strata titles built on building rights or rights of use that reflects justice and legal certainty. With the concept of methodologies theories and research approaches, as well as of the problems of this study concludes that there are a couple of things. First by sticking the land rights of the unit, then Strata titles have a dependency on the bottom right HGB as with all buildings owned and also can weaken the property rights of apartment units as the strongest and most, but became assessors of HGB. This situation raises a negative implication in the community and has created legal uncertainty and considered unfair, weakening the material rights of Strata titles caused dualism applicable law, the law of the land, building law and the law of objects. It affects the mutual intervention and debilitates the material rights as stipulated in the rules of the law of things, namely; droit de suite, droit de preverent, and droit de levering. In construction law, state that debilitates the legal certainty and justice, it can be reconstructed from the perspective of the development of the legal system of the building against the law of the land, or to the development of HGB as of right down with some simulations and restoration of existing government regulations, or reconstruct the principal laws agrarian related lease rights, land rights, and the rights of use by developing existing government regulations become law, so the law on the new ground by adding the rights of others. In a reconstruction of the law of the land, which is more competitive and create legal certainty and fairness.
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Mai, Maizardi, and Ebit Bimas Saputra. "PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERTAMBANGAN BATUAN NON LOGAM PADA TANAH HAK MILIK MASYARAKAT (Studi Pada Satreskrim Polres Kerinci)." UNES Law Review 1, no. 1 (September 15, 2018): 70–80. http://dx.doi.org/10.31933/law.v1i1.7.
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The enforcement of mining law is done on the land of property rights is an interesting part for the scientific study, because on one side of law enforcement is a constitutional obligation to maintain the jurisdiction of the state law, on the other hand the land ownership is constitutional recognition or part of the form of state protection law against its citizens, or more specifically that one of the characteristics of a constitutional state is the protection of human rights. Ownership of land is a part of human rights, and even property rights to land can be communal. Based on the above description, the issues discussed in this research are: Firstly, how is law enforcement against the criminal act of non-metallic rock mining on community property rights in the area of Kerinci Police . Secondly, what are the obstacles faced in law enforcement of non-metallic rock mining action on community property rights in Kerinci District Police and how to overcome these constraints.
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Butarbutar, Jawakil. "Kepastian Dan Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Atas Tanah Berdasarkan Undang-Undang No.5 Tahun 1960 Tentang Peraturan Pokok-Pokok Agraria." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 19, no. 1 (September 30, 2019): 74–84. http://dx.doi.org/10.30743/jhk.v19i1.1908.
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This research is related to the Basic Agrarian Law which regulates land rights including property rights by registering the rights to their land to obtain ownership rights intended for maintain legal certainty and legal protection for holders of property rights over land. For this reason, it is important to socialize the importance of registering uncertified land to become certified land for legal certainty and protection of holders of property rights on the land to avoid land problems in the community. For this reason legal certainty and protection are needed so that the status of land owned by the people is clear as well as all actions taken relating to the land such as transfer, inheritance, transfer of rights, revocation / exemption and abolition of the land rights. With the certificate, the government has a definite role to provide legal protection to the holders of property rights because the certified land has been registered at the landoffice and it becomes an obligation for the government to protect it. Keywords: Legal Certainty and Protection, Holders of Certificates of Ownership, Agrarian Basic Law.
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Verdery, Katherine. "Elasticity of Land: Problems of Property Restitution in Transylvania." Slavic Review 53, no. 4 (1994): 1071–109. http://dx.doi.org/10.2307/2500847.
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"Land doesn't expand and it doesn't contract; we'll find your piece of it."(Judge in a court case over land)"Hey! Since when did my garden shrink?" "It didn't shrink, it stretched."(Two neighbors arguing over the boundary between their gardens)"The day will come when a man will go out into his field and not know where it begins or ends."(Biblical reference by villagers to the imminent end of the world)In memory of loan AluaşIn February 1991 the Romanian Parliament passed a law for the restoration of land to its former owners. Known as Law 18/1991, the Law on Agricultural Land Resources (Legea Fondului Funciar) liquidated collective farms and returned their lands to the households that had given them over at collectivization (1959-1962).' The former owners recover not merely usufruct, or use rights, but full rights of ownership.
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Banner, Stuart. "Two Properties, One Land: Law and Space in Nineteenth-Century New Zealand." Law & Social Inquiry 24, no. 04 (1999): 807–52. http://dx.doi.org/10.1111/j.1747-4469.1999.tb00406.x.
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If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organize our awareness of phenomena before they reach the level of consciousness. Over the course of the nineteenth century, as the balance of power gradually swung to the side of the British, they were largely able to impose their property system on the Maori. The centrality of property within the thought of both peoples, however, meant that the transformation of Maori into English property rights involved much more than land. Religious belief, engagement with the market economy, political organization—all were bound up in the systems by which both peoples organized property rights in land. To anglicize the Maori property system was to revolutionize Maori life.
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Supriyana, Agnes Geraldine Olga, I. Nyoman Putu Budiartha, and I. Ketut Sukadana. "Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing." Jurnal Interpretasi Hukum 1, no. 2 (September 26, 2020): 7–11. http://dx.doi.org/10.22225/juinhum.1.2.2419.7-11.
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Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.
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Rösch, Ricarda. "A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination." Verfassung in Recht und Übersee 52, no. 4 (2019): 439–62. http://dx.doi.org/10.5771/0506-7286-2019-4-439.
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After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.
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Forder, Caroline. "Socialist mountains out of capitalist molehills: ownership and use of land in the German Democratic Republic." Legal Studies 6, no. 2 (July 1986): 154–69. http://dx.doi.org/10.1111/j.1748-121x.1986.tb00541.x.
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To understand the rights in land of a person in the GDR the first task of an English lawyer is to consider the rules being applied in terms of concepts and institutions in operation in England. The GDR have opted for a ‘mixed’ property system, retaining ‘pure’ personal ownership (similar to the rights given to landowners under English law) alongside the socialist creatures: contractual rights (use-contracts) and the hybrid use-rights in public land. Property law has long provided for the creation of rights which provide at the outset for the conditions under which the right will end; this is one of the principal attributes of leasehold tenure in England. It is indeed striking how many of the characteristics of use rights can be discovered among the provisions and decisions upon the security of tenure of tenancies in England.
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Hardwianto, Daniel Budi, and Akhmad Khisni. "Land Assurance Process Execution Property Rights Of Indigenous Which Still In The Application Process Rights Used As Credit Guarantee." Jurnal Akta 5, no. 3 (September 17, 2018): 609. http://dx.doi.org/10.30659/akta.v5i3.3179.
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This study examines the weaknesses in the execution process guarantee of property rights of indigenous land is a wedge legal certainty between Debtor and Creditor. The study also describes some of the views that aims to provide a solution to a process execution guarantee of property rights of indigenous land is still in the process of increasing the rights as loan collateral. This study uses normative juridical research method, namely the use of library materials or secondary data as the basis for research related to the Security Law, Contract Law and Land Law, as well as interviews with several parties. This study is a study that aims to find the problems as a result of activities or programs that have been implemented or may be called as a research Prescriptive. Credit Guarantees of property rights in land there is very risky because there is no umbrella law on which the creditor to carry out the execution process if the Borrower defaults, so it is necessary rigor in the process of granting the Credit Guarantee. Indigenous land rights certainly has weaknesses in its status because it has not been registered at the land office. With the weakness and absence umbrella clear laws that, it needed the additional requirements of the creditors if it wants to receive Guarantee Credit in the form of land property rights of indigenous in order to guarantee legal certainty in the execution process guarantees, one of the solutions that can be taken is to increase the land status become ownership Right.Keywords: Excecution Land Security; Indigenous Property Rights; The Application Rights; Credit Guarantees.
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Semyakina, A. V. "Property Rights to Land Plots in the Russian Federation and Great Britain: Dogmatic Approach against Pragmatism." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 179–91. http://dx.doi.org/10.17803/1994-1471.2021.128.7.179-191.
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Comparison of the phenomenon of property rights in two unrelated legal systems is an interesting task from the point of view of methodology. A simplifying factor is that English law in its origins was strongly influenced by Roman law, but developed apart from continental legal systems. As a result, using the same terminology in the field of property rights in the Russian Federation and Great Britain, different views have been formed on the nature of property rights to land plots. The paper analyzes the legal structures of real law in both countries and achieves the goal of clarifying the content of controversial terms and classifications existing in the real law of the Russian Federation; taking into account foreign experience the author determines the prospects for the development of domestic concepts of real and absolute rights. The admissibility of comparing property rights to land plots is predetermined by the use of similar legal techniques in both countries, as well as terminology borrowed from Roman law. The paper substantiates the thesis on the admissibility of using the analytical concept of law of W. N. Hochfeld as a comparative legal method of research. Fundamental differences in both legal systems will be in the idea of the object of property rights to land plots, the place of property rights in the classification of rights, in the structure and content of the corresponding legal relationship. Taking into account the analysis of the legal regulation of property rights to land plots in the two countries, theoretical provisions substantiate the conclusion about the need to preserve the idea of the absolute nature of property rights in domestic law.
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Naldi, Gino J. "Mike Campbell (Pvt) Ltd et al v The Republic of Zimbabwe: Zimbabwe's Land Reform Programme Held in Breach of the SADC Treaty." Journal of African Law 53, no. 2 (September 18, 2009): 305–20. http://dx.doi.org/10.1017/s0021855309990088.
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AbstractIn its first judgment the South African Development Community (SADC) Tribunal had to determine whether Zimbabwe's controversial programme of land redistribution for resettlement purposes was compatible with the SADC Treaty. The tribunal provided one of the few avenues of redress for farmers deprived of their property without compensation. It held that the land reform programme breached the treaty on the grounds that the property owners had been denied access to the domestic courts, that the applicants had been victims of racial discrimination, and that the state had failed to pay compensation for the lands compulsorily acquired. While the tribunal appears to have reached the right conclusions, its reasoning could have been more persuasive. Of wider significance is the fact that the tribunal has established itself as a forum that can provide relief for human rights violations. Its finding that human rights are justiciable under the treaty is notable.
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Heri, Corina. "The Human Right to Land, for Peasants and for All: Tracing the Social Function of Property to 1948." Human Rights Law Review 20, no. 3 (September 2020): 433–52. http://dx.doi.org/10.1093/hrlr/ngaa026.
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ABSTRACT In 1948, Article 17 of the Universal Declaration of Human Rights (UDHR) pioneered a right to (individual and collective) ownership of property. Today, the right to property—specifically the social function of property, which was a mainstay of the discussions—can be linked to the idea of a human right to land, which has been particularly prevalent in the discourse concerning the creation of human rights protections specific to peasants. The peasant rights process highlights a number of normative and implementation gaps in international human rights law, including relating to land use and tenure. The present contribution will argue that the claims made in this context are neither new nor niche but relate to universal human rights entitlements and have existed at least since the drafting of the UDHR. They are not only an iteration of an age-old class struggle but are at the forefront of a contemporary critique of the existing international legal system as a whole. While existing human rights, including the right to property, can be part of a response to these critiques, however, neither peasant rights nor the activists who promote them can be expected to resolve them alone.
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Fischel, William A. "The Economics of Land Use Exactions: A Property Rights Analysis." Law and Contemporary Problems 50, no. 1 (1987): 101. http://dx.doi.org/10.2307/1191474.
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Zarandia, Tamar, and Tamar Tatanashvili. "Apartment ownership in a Condominium under Georgian Law." TalTech Journal of European Studies 10, no. 2 (September 1, 2020): 28–41. http://dx.doi.org/10.1515/bjes-2020-0013.
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Abstract The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.
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Ilkiv, Oleh. "Easement as a burden for the owner`s property." Legal Ukraine, no. 12 (October 30, 2020): 28–34. http://dx.doi.org/10.37749/2308-9636-2020-12(216)-3.
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The article analyzes the features of such a legal category as easement, namely the concept, content and characteristics of easement as a way of exercising property rights in terms of civil law of Ukraine and formulates proposals for improving the civil law regulation of easement. Emphasis is placed on the study of not only theoretical problems but also issues of a practical nature. The signs of servitude rights, the grounds for private and public interests are investigated. The legal aspects of the servitude are clarified, as well as the individual-normative character is monitored. Positions on concretization of the ratio of the terms «encumbrance» and «restriction» of property rights through the prism of the provisions of easement rights are substantiated. The author clearly concludes that the property right in the form of an easement gives the owner the opportunity to effectively use their property, and also provides the right to satisfy the intangible interests of others whose property right to another’s property is not related to property rights. In the conditions of development and domination of market relations in the society the question of creation of such legal forms which would provide a possibility of a certain participation of one person in the property right of another irrespective of simple personal consent of the last becomes actual. Due to the involvement of land in the civil turnover, the system of easements is a rather complex legal phenomenon. Scientific and theoretical analysis of the construction of easements, methods of their acquisition, the practice of application of relevant legislation indicates the relevance of this institution of property law, especially in the development of land and agrarian reform, the development of legislation on property rights to real estate. Key words: easement, ownership, property rights, limits and restrictions.
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Voronova, E. A., and I. A. Tedoradze. "ANALYSIS OF LAW ON LIMITED USE (SERVITUDE) OF A LAND PLOT." Strategic decisions and risk management, no. 1 (November 1, 2014): 88–92. http://dx.doi.org/10.17747/2078-8886-2011-1-88-92.
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The article makes an attempt to analyze proprietary rights on land, to compare legal regulations on forming a land plot and registering it in Russia. System characteristics are studied: rights on a land plot, land plot definition, possible versions of its changing in terms of owning property, cadastral registration, limitation of rights of using a land plot (servitude). Problems connected with servitudes and land plot usage modes are defined and approach to solving them is suggested.
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Skillen, James R. "Closing the Public Lands Frontier: The Bureau of Land Management, 1961–1969." Journal of Policy History 20, no. 3 (July 2008): 419–45. http://dx.doi.org/10.1353/jph.0.0021.
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When the Bureau of Land Management (blm) was formed in 1946, the agency and the lands it managed had an ambiguous identity and future. Formed by President Truman through the merger of the General Land Office and the U.S. Grazing Service, the blm inherited the remaining 450 million acres of public-domain lands in the American West and Alaska, which I will refer to simply as “the public lands.” With those lands, the blm also inherited a set of property-rights regimes—that is, a set of property rights, privileges, and relationships that control land and resource access, withdrawal, management, exclusion, and alienation—that were strongly reflective of the nineteenth-century frontier era. They were marked by private initiative, self-regulation by public lands users, and common-law principles of prior use and appropriation. Indeed, public lands users often acted as if they held common-law rights to the public lands, claims that western congressmen defended through appropriations and oversight.
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Leticia, Emerlanda, and Hasni Hasni. "KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH." Jurnal Hukum Adigama 2, no. 1 (July 23, 2019): 462. http://dx.doi.org/10.24912/adigama.v2i1.5248.
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The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.
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Zendeli, Emine. "Methods of Protection of the Property Right in the Legal System of Republic of North Macedonia." SEEU Review 14, no. 2 (December 1, 2019): 135–49. http://dx.doi.org/10.2478/seeur-2019-0024.
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AbstractThe article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries.Given the fact that in the Republic of North Macedonia the normative regulation of property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law.The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration.
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Strack, Mick. "The order is rapidly fadin’." Journal of Property, Planning and Environmental Law 12, no. 1 (July 29, 2019): 19–34. http://dx.doi.org/10.1108/jppel-03-2019-0007.
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Purpose This paper reviews the relationship between property and the changing coastal environment. It looks at issues around the mismatch between the protection of private property rights implicit in our property law, which assumes stability and permanence, and the protection of public rights and environmental values expected of coastal land, which is increasingly vulnerable to climate change hazard. Issues of retreat from the coast, perhaps with compensation and incentives, will need to be dealt with. Design/methodology/approach New Zealand situations and examples are used to illustrate the conflicts between secure property rights and changing coastal land. Findings The effects of climate change on coastal land will be significant. This era of environmental degradation and climate change will require a significant re-ordering of property law. Changes in coastal land will require property owners to adapt their use and occupation of the coastal zone, if necessary by retreating. Similarly, local authorities will need to be proactive in planning for coastal land changes. Social implications Property will need to be re-imagined to support public and environmental goals for the coast. Originality/value This paper extends other discussions about how property law and the protection of property rights is a barrier to implementing climate change responses.
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Yanto, Nur Hairul Hari, and Muhammad Nasarudin. "REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE." Progressive Law Review 3, no. 01 (April 1, 2021): 69–81. http://dx.doi.org/10.36448/plr.v3i01.44.
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In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.
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Pelupessy, Eddy. "The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy." Hasanuddin Law Review 3, no. 1 (March 30, 2017): 77. http://dx.doi.org/10.20956/halrev.v3i1.1047.
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The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.
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Grear, Anna. "A tale of the land, the insider, the outsider and human rights (an exploration of some problems and possibilities in the relationship between the English common law property concept, human rights law, and discourses of exclusion and inclusion)." Legal Studies 23, no. 1 (March 2003): 33–65. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00205.x.
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This paper examines the interplay between discourses of exclusion and inclusion in the relationship between land law and human rights. It explores the common law conception of property in land and its relationship with the conceptual structure of property before suggesting that the particular form the conception takes in the English common law is problematic as a discourse of exclusion in the light of inclusive human rights considerations. However, further submerged exclusions in law are also explored, suggesting a problematic ideological continuity between land law and human rights law, notwithstanding identifiable surface tensions between them as contrasting discourses. Once the continuity of hidden exclusions is identified, the paper explores the theoretical unity between the deep structure of property as ‘propriety’ and human rights as ‘what is due’, and suggests their mutual potential for embracing more inclusive concerns. Finally, two modest proposals for future theoretical reform are offered: the need for a more anthropologically adequate and inclusive construct of the human being as legal actor, and the need for a more differentiated, context-sensitive formulation of the common law1 property conception, one capable of reconciling conceptually necessary elements of excludability with inclusive human rights impulses.
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Carleton, Alexandra. "The “Other” Relationship to Land: Property, Belonging, and Alternative Ontology." Canadian Journal of Law & Jurisprudence 34, no. 1 (February 2021): 29–57. http://dx.doi.org/10.1017/cjlj.2020.24.
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If land is divine and ought not be bought or sold,1 then bounded land, that which we term territory2 regardless of its form of being bounded, cannot be bought or sold without divine assent either. It may be defended, nurtured, utilised but not bought or sold. In defence of this is the human right to life and liberty. Were life and liberty to depend on access to land or territory then no hindrance would stand to merit. Theologically,3 the Divine created the land so the land belongs to the Divine.4 Similarly where humans labour (to work) and create (to make or build), such which is created is the property of the human, whether it is manufactured, built, sown. And from these personal properties flow the rights and privileges of personal property: alienation, transfer, purchase.5
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Sari, Yesi Nurmantiyas, Rizal Nugroho, and Al Khanif. "Land Acquisition for Public Interests: A Review from the Human Rights Context." Indonesian Journal of Law and Society 1, no. 1 (March 30, 2020): 23. http://dx.doi.org/10.19184/ijls.v1i1.16757.
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Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the rights of the people affected by land acquisition. Irregularities that often occur in the implementation of land acquisition are related to discrimination, intimidation, and violence. These rights are included in human rights, which must be upheld and protected because this is closely related to property rights. Human rights give an understanding that the right to own something is the right of every citizen, including the right to own land is one of the human rights inherent in each person per person in groups. While property rights must not be taken arbitrarily and against the law, such matters are regulated in Article 28H of the 1945 Constitution. This paper concludes that the construction activities of the New Yogyakarta International Airport (NYIA) carried out violated human rights; this is because the land acquisition team has committed violence, discrimination, and violence against the people affected by land acquisition. The form of legal protection provided by the government is proper compensation.
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Weisman, Joshua. "“Ownership” “Assets” and Transferability of “Property Rights”." Israel Law Review 27, no. 4 (1993): 652–60. http://dx.doi.org/10.1017/s0021223700011559.
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1. The connection between the proprietary nature of a right and its transferability was discussed at length in my article, “Some Fundamental Concepts of Property Law: A Critical Survey”. The view expressed there was criticised by Prof. Tedeschi in two articles: the first, “On the Right of Preemption in Land”, and the second — “Property and Transferability — Ownership of Organs Taken from a Living Person”. The latter included criticism of certain things I had written in my article, “Organs as Assets”, in relation to the connection between an object constituting an “asset” and it being “transferable”.According to my approach, transferability is a central feature of a property right, and of the nature of a thing as an “asset”. Prof. Tedeschi, however, believes otherwise.
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Nasrullah, Nasrullah. "ANALISIS HUKUM SECARA ANALOGI PENERAPAN ASAS PEMISAHAN HORIZONTAL PADA PRAKTEK JUAL BELI TANAH TIDAK BESERTA DENGAN POHON KELAPA DI ATASNYA DI KEC. PATILANGGIO KAB. POHUWATO." Jurnal Hukum Volkgeist 2, no. 2 (April 14, 2018): 135–57. http://dx.doi.org/10.35326/volkgeist.v2i2.90.
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The principle of horizontal separation in the LoA is a principle that separates the ownership of the land by the right to the property on the ground or attached to the land, where the existence of the object attached to the land there is a time limit provision either by agreement or on the basis of the provisions of the legislation.Based on the analogy of law in the above analogy, it can be concluded that the practice of buying and selling land is not accompanied by coconut trees on it also apply the principle of horizontal separation due to the separation or difference of legal subject holder of property rights to the land with legal subject holder of property rights on coconut trees . But if you look at the various legal bases in the BAL which regulate the principles of horizontal separation such as Right of Use, Right of Use, Right to Use, Lease of Land for Building Establishment, Right of Ride, and Lease of Land for Agriculture all have clear clear time limits on the basis of agreement and also on the basis of the provisions of legislation. And for the duration of the term is not over so long also the holder of property rights on the land should not use his right either to build the building, manage or make it as collateral (collateral) debts and so on. While in the sale and purchase of separate land with coconut trees on it is not so, because there is no provision of clear time limit of the existence of coconut trees on the land rights of others and holders of land rights are still entitled to grow crops on their property rights. So the basic difference is what distinguishes the application of the principle of horizontal separation in BAL with the principle of separation of horisoltan on the practice of buying and selling land is not accompanied by coconut trees on it.
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De Schutter, Olivier. "The Emerging Human Right to Land." International Community Law Review 12, no. 3 (2010): 303–34. http://dx.doi.org/10.1163/187197310x513725.
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AbstractThis article identifies the emergence of the right to land in international human rights law, and which measures of implementation are called for to ensure the full realization of this right. In certain contexts, the right to land may be seen as a self-standing right, whether it is protected as an element of the right to property, whether it is grounded on the special relationship of indigenous peoples to their lands, territories and resources, or whether it is a component of the right to food. In other cases, the right to land may be said to be instrumental to the right to food: it is protected as an indispensable means through which people can produce food, for their own consumption or as a source of income allowing them, in turn, to purchase food. In making the case for the explicit recognition of the right to land in international human rights law, this article recalls the current pressures on land; it examines the protection of landusers in their existing access to natural resources; and it discusses whether agrarian reform may be seen as a component of the progressive realization of the emerging human right to land.
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Gebremichael, Brightman. "Public Purpose as a Justification for Expropriation of Rural Land Rights in Ethiopia." Journal of African Law 60, no. 2 (February 15, 2016): 190–212. http://dx.doi.org/10.1017/s0021855315000285.
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AbstractExpropriation of private land rights involves two contradictory interests: there is a public need for land; and landholders expect security of tenure and protection of their private property rights. A satisfactory expropriation policy must strike a balance between these interests. Legislation must therefore only authorize the government to expropriate land rights for a clear and limited public purpose under the supervision of an independent body. The author argues that Ethiopia's rural land laws have defined the public purpose for the expropriation of rural land rights in different ways depending on the nature of the landholders. For peasants and pastoralists the public purpose requirement is defined vaguely and broadly, whereas for investors the concept is limited to projects implemented by government. The author argues that the protection of private property rights and security of tenure are further undermined by a legislative failure to authorize affected people to appeal to an independent body on the basis that the public purpose requirement has not been satisfied.
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Dowling, Alan. "Exclusive rights of burial and the law of real property." Legal Studies 18, no. 4 (December 1998): 438–52. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00075.x.
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The ability to identify arrangements affecting property as falling within one or other of the recognised categories of proprietary interest, for example tenancies, licences or easements, and as resulting in certain consequences, is not only desirable, but is in the interest of certainty for all concerned essential. If an occupant of land is a tenant, certain known consequences follow: for example, the occupant has statutory protection which would not be the case were he merely a licensee. Again, if I cross your land merely by your permission, my privilege may be withdrawn at any time, whereas if I have an easement to do so, you cannot stop me. Arrangements which do not behave according to the rules, by appearing to create one type of interest while possessing the attributes of another, either undermine the recognised rules or are exceptional cases which must be acknowledged as such.
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Xu, Ting, and Wei Gong. "The legitimacy of extralegal property: global perspectives and China’s experience." Northern Ireland Legal Quarterly 67, no. 2 (June 1, 2016): 189–208. http://dx.doi.org/10.53386/nilq.v67i2.108.
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Binary thinking has been entrenched in property law, posing challenges to the protection of land tenure and land users who have no title to the land they cultivate. This paper critiques the state-law-centred approach to evaluating the legitimacy of property and defends extralegal property as legitimate claims to land and related natural resources that are not against the law, but that are not recognised by the law as formal property rights. It begins with an overview of how the legitimacy of property is conceived of at the global level, drawing upon several conceptual frameworks of property developed via global initiatives and soft law instruments. That being done, it moves to examine the legitimacy of extralegal property from the local perspective, looking at a case study of ‘minor rights property’ in China. It is argued that long-term usage of land supported by the prevalence of this practice and social consensus should be regarded as one of the major sources of the legitimacy of property. The paper concludes that the state-law-centred approach to evaluating the legitimacy of property overlooks a range of legitimate property claims and the plurality of norms governing property relations. In order to recognise the full spectrum of property, we should link global perspectives with local experiences.
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SILVA, SANDRA REGINA MOTA, and BERNARDO ARANTES DO NASCIMENTO TEIXEIRA. "URBAN AND ENVIRONMENTAL MANAGEMENT CHALLENGES CONSIDERING TRANSFORMATIONS IN PROPERTY LAW IN BRAZIL." Ambiente & Sociedade 20, no. 4 (December 2017): 1–18. http://dx.doi.org/10.1590/1809-4422asoc212r2v2042017.
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Abstract Hegemony of private property in Brazil is undergoing transformations which have made its absolute nature relative. Both in the urban and environmental fields, notions arising from reflections and practices, and mirrored in a number of legal frameworks, have brought new ideas to debate, as well as land and environmental management practices. The contributions made by the National Environmental Policy Act of 1981, the Federal Constitution of 1988, the City Statute of 2001, among other normative regulations, have led to different consequences, including in the field of private individual rights, collective rights and diffuse rights. Based on the guiding principle behind legislation, we attempt to discuss the conflicts and contradictions found in different types of property rights and their close ties with land ownership and home ownership, affecting the universe of reflections and practices of planning, as well as land and environmental management.
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Hailu, Ziade, Isaac N. Nkote, and John C. Munene. "Property rights and investment: the mediating effect of contract enforcement." International Journal of Law and Management 59, no. 1 (February 13, 2017): 21–34. http://dx.doi.org/10.1108/ijlma-06-2015-0031.
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Purpose The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land formalization project in Addis Ababa, Ethiopia. Design/methodology/approach The study was cross-sectional in design; data were collected from a sample of 210 households that benefited from the recent Addis Ababa city land and buildings formalization project. Confirmatory factor analysis was used to assess the goodness-of-fit of the latent structures underlying the constructs. Mediation was tested using the Baron and Kenny steps, combined with bootstrapping technique. Robustness of results was checked. Findings The results indicate statistically significant mediation effect of contract enforcement. However, the mediation is partial, there is still a substantial direct effect of security of property rights on investment. Practical implications Any initiative to land formalization projects needs to consider contract enforcement environment, as presence and size of property rights effects largely depend on whether those rights are properly enforced. Originality/value This is the first study that conceptualizes the mediating effect of contract enforcement on the relationship between property rights and investment from an African country perspective.
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Pratama, Adhitya Dimas. "KEDUDUKAN KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN TANPA ADANYA PERJANJIAN PISAH HARTA." Jurnal Panorama Hukum 3, no. 2 (December 9, 2018): 247–63. http://dx.doi.org/10.21067/jph.v3i2.2828.
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Intermarriage is a phenomenon that is rife with the development of increasingly rapid technology weapons. Implementation of mixed marriages must not be separated from the constraints and risks will dihadi offender Mixed Marriage itself. One of the problems that arise are related to the occurrence of the Joint Treasure especially over land rights as legal consequences arising from the holding of intermarriage intermarriage especially if implemented without prenuptial agreement. The author of this thesis wants to study and analyze more about the law as a result of intermarriage without severance agreement treasure to land ownership and settlement of land ownership issues arising from mixed marriage without separation agreement treasure. The method used is a normative legal research, namely legal research done by researching library materials or secondary law while in locating and collecting data is done by two approaches, namely legislation and conceptual approaches.
The results showed that the legal consequences of intermarriage in the absence of agreement separating property to the ownership rights to the land after the enactment of Law No. 1 of 1974 About the marriage, property acquired during the marriage is community property as engaging joint property so that if it is not made an prenuptial agreement the property rights to land shall be released within a period of one (1) year or the land falls to the state. The resolution attempts to do to the problems of land ownership arising from mixed marriages without the agreement split the treasure is in the form of drafting of a treaty mate after marriage or reduction of land rights from property rights into rights of use in accordance with the provisions of that kind of tenure, which may possess by someone follow the status of their land rights subjects in accordance with the provisions of the legislation
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Mokhov, Artem Yu, and Semyon P. Malyshkin. "INSTITUTION OF PUBLIC LAND SERVITUDE IN THE CONTEXT OF THE THEORY OF REFLECTIVE ACTION OF LAW." Vestnik of Kostroma State University, no. 3 (2020): 208–12. http://dx.doi.org/10.34216/1998-0817-2020-26-3-208-212.
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The main provisions of the theory of reflective action of law are considered in the article. The manifestation of law reflexes in modern legal regulation is analysed on the example of land relations. Land, as the basis of life and activity of peoples who live in the territory of the Russian Federation, acts not only as an economic good and a natural resource, but also as the object of a number of property and personal non-property relations connected with them. The institution of public land easement is considered by the authors to be a reflex of law, that is, the restriction of the subjective right of a particular owner of a land plot in the interests of society, the state. The issue of the limitation of the right of land private ownership is raised on the basis of an analysis of legislation and judicial practice. The problem of the limits of the action of public easements simultaneously aimed not only at the normal exercise of all property rights by the land plot owner, but also at preserving the favourable state of the environment, at ensuring the subjective rights of other participants in land legal relations, at the implementation of a single land policy of the state indicated in the context of the development of land legislation of the Russian Federation. The conclusion, that the use of the right reflex construction has a beneficial effect on strengthening legal certainty in the face of imbalances in private and public interests in land law, is made.
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Hestiana, Yulia, I. Made Suradana, and Sabaruddin Sabaruddin. "The Implementation of Waiver of Interest in Land Request from Status of Private Property to Building Rights on Land Based on Law Number 5 of 1960 Regarding Basic Agrarian Laws (Study in Central Lombok Regency)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (June 25, 2019): 354. http://dx.doi.org/10.18415/ijmmu.v6i3.827.
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This research aims to know and comprehend the conveyance procedure of Private Property on Land to be Building Rights on Land and to understand the legal protection for the its holders towards the third party’s lawsuit. This research is an empirical research by using primary data (direct interview with the informants and the respondents), interview on the related party, National Land Agency, Notary, Literary Study by studying some books and writings regarding the problems that will be studied). The result of this research is: 1). Procedure of Private Property waiver by Agrarian Affairs and Spatial Planning/National Land Agency Region Central Lombok Regency to be Building Rights on Land is by making a proposal addressed to the Minister of Agrarian Affairs and Spatial Planning/National Land Agency in Jakarta. In the proposal, it must have identity card of appellant, regarding the land proposed, other lands that are previously proposed. 2). Legal protection on the holder of Private Property stipulated in Article 32 subsection (2) Government Regulation Number 24 of 1997 explained strictly that the certificate is the Right Proof prevailing as the strong proof.
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Kozińska, Joanna. "Perpetual usufruct as an instrument for strengthening socialist state property and contemporary legal effects in property law." Studia nad Autorytaryzmem i Totalitaryzmem 42, no. 3 (March 25, 2021): 225–46. http://dx.doi.org/10.19195/2300-7249.42.3.11.
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The first part of this study presents historical reasons for introducing perpetual usufruct by the Management of Urban Areas Act 1961 and the Civil Code 1964. It begins with the general analysis that focuses on the changes of laws from the initial introducing development right and perpetual lease to ownership divided into periods and then usufruct of the state residential property. The author explains the mechanism of influence of the factors arising from communist ideology (Marxism-Leninism) on the proposed legal solutions particularly attributing a prominent role to socialist state property in the People’s Republic of Poland. Next, the official version of the perpetual usufruct’s role is also presented. The perpetual usufruct was introduced as a new real right which was to be attractive for citizens and enabled the state to administer areas in towns and settlements in accordance with a legal town development plan. The aim of the study is the explanation of the real function of the perpetual usufruct of residential lands in towns. The construction of perpetual usufruct was a result of referring to models of Soviet law. It was an instrument which was to protect socialist state property as well as to counteract a depletion of the accumulated state lands through a transfer of those lands for private persons. The perpetual usufruct also was to enable the socialist state to control how urban land was used. The perpetual usufruct was a result of the ideological and political principles of the socialist system in the People’s Republic of Poland, particularly strengthening socialist state property of lands. The perpetual usufruct was really a semblance of ownership of land. This was indirectly explained in the resolutions of the Supreme Court of 1968 and 1969. Therefore, in our times there are difficult legal problems also connected with the issue of granting property rights to perpetual usufructuary. The legal proposals of replacing perpetual usufruct with different rights still haven’t been introduced. The last part of this study expresses in a concise way the contemporary legal acts which were aimed at reducing the accumulation of lands which were let on a perpetual usufruct. Nevertheless, these acts weren’t always effective. The Act of 2018 on Transformation Perpetual Usufruct of Built-up Residential Lands into Ownership of those Lands is the last legal act concerning the discussed issues. In principle this act introduced the enfranchisement in accordance with the law for every perpetual usufructuary of built-up residential land. However, it didn’t eliminate the perpetual usufruct in Polish property law. The analysis in this paper proposes the thesis that the perpetual usufruct of residential lands (on a large scale) was never justified in an economy, but was only determined by ideological and political reasons in the People’s Republic of Poland.
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T.T. Duong, Mai, D. Ary A. Samsura, and Erwin van der Krabben. "Land Conversion for Tourism Development under Vietnam’s Ambiguous Property Rights over Land." Land 9, no. 6 (June 22, 2020): 204. http://dx.doi.org/10.3390/land9060204.
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The paper aims to explore the process of land conversion for tourism development in Vietnam, under the present ambiguous and insecure property rights system. Four case studies in different geographical areas were selected to analyse land conversion and land compensation for tourism projects before and after the implementation of the new land law in 2013. The findings of this study show that, in the present legal system of land and property rights, the rights of local people are not sufficiently guaranteed due to the decisive role of the State not only in defining compensation prices for land in the case of compulsory land acquisition but also in determining whether tourism projects are in the public’s interest or not (thus deciding the appropriate land conversion approach as well as affecting price negotiations). The research also found that, although a voluntary land conversion approach (when the project is not in the public’s interest), based on the 2013 Land Law, offers land users a better negotiation position and a higher compensation payment, possibly reducing land-related conflicts between the State and land users, ambiguity over property rights in fact increased due to the government’s substantial discretion to choose between ‘public purpose’ and ‘economic purpose.’ The paper concludes with questioning whether the present legal basis for compulsory land acquisition is future proof since urbanisation pressure is likely to increase, which may lead to even more land conflicts in the near future.